Car parking in apartments

T SANKAR RAO (Querist) 23 November 2013 This query is : Resolved
Sirs,
An unregistered partnership firm having a partner acting as builder has constructed apartment complex consisting of 57 flats with Stilt, Ground + 4 Floors + 3 pent houses -- ten years back and collected duly issuing Receipts thereto from 25 flat owners an amount of Rs.20000/- each towards allotment of car parking space but did not allot due to a dispute among the partners. The flat owners formed into a registered society and moved the District Consumer Court and later State Forum which simply passed a judgement to get the problem solved amicably in consultation with the builder. Builder has not cooperated and the flat owners kept quite and a period of 5 years has elapsed. The society is not in a position to continue the legal proceedings. However, due to increase in the number of car holders, (both paid and unpaid for parking slots to the builder) frequently involve in battling each other while parking their cars without getting their problem unresolved. I have gone through the AP Apartments (PC&O) Act 1987.

The questions arose to me are as under: 1.Under what rule of law the builder has a right to sell car parking slots in the stilt area.

2.Is there any right to the flat owners to claim car parking slots of their choice in the stilt area for having paid the price to the builder who is refusing to intervene.

3.In fact, the stilt area can accommodate for parking 18 to 20 cars only.

As I understand the law:
(a) Stilt is not an area for parking vehicles. However, two wheelers can be accommodated as there is no hindrance due to pillars for doing so.

(b) Stilt is a common area having a right to use by all flat owners.
(c) Builder cannot sell again any space on the ground (stilt) once a flat is sold out with a certain space of undivided common area.

(d) Those who paid some amount to the Builder rightly or wrongly, can be given preference to park their cars in the limited space available without causing inconvenience to the residents.

Now, I request the eminent lawyers to guide me.
--Jr.advocate

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ajay sethi (Expert) 23 November 2013
if society has been formed you would be governed by provisions of cooperative society act of your state . builder has no power to sell stilt car parking slots .

if number of applicants are more than car parking slots avilable then allotment has to be done by drawing of lots on annual basis